expedite the project so that it could be completed before Mardi Gras and the NBA All-Star game, designating the purchase order as “urgency: emergency.” The evidence was sufficient for a reasonable jury to conclude that the Casino had authorized unsafe work practices.
There is sufficient evidence under each theory of negligence. Next, we analyze whether the Casino is entitled to a new trial due to errors in the admission of evidence.
II. Admission of evidence at trial
Prior to the trial, the Casino sought to exclude certain categories of evidence, including (1) a certificate of insurance given by AWR to the Casino showing an expired insurance policy; (2) the Casino’s internal policies regarding hiring independent contractors; (3) AWR’s “F” rating from the BBB; and (4) photographic evidence of construction sites in New Orleans. The district court denied the motion in limine as to the first two categories of evidence. It granted in part and denied in part the motion to exclude evidence from the BBB, but the jury was allowed to hear testimony regarding AWR’s “F” rating from the BBB. The district court initially granted the Casino’s motion to exclude photographic evidence of construction sites but then allowed the photographs at trial.
For a new trial to be warranted based on admission of evidence, the admission must have been an abuse of the district court’s discretion and have affected the substantial rights of the complaining party. Price v. Rosiek Constr. Co., 509 F.3d 704, 707 (5th Cir. 2007). When a party fails to show that excluding the evidence would have altered the outcome of the case, the party has not met its burden for a new trial. Id. at 707–08. For example, a party’s substantial rights are affected if the erroneously admitted evidence was the only evidence admitted to prove an element. See Anderson v. Siemens Corp., 335 F.3d 466, 473–75 (5th Cir. 2003).
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